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lgamartir · Sep 16, 2009, 07:54 PM

My wife left and is living with someone else. Left me with my step son and two Biological chilren She dropped off the children n school and left the state. Doesn't care about having any relationship with the children and has had no communication with them in one week. . How can I file for child abandonment and get total custody of the children even my stepson which, his biological father has not spoken to in over six years and has given no support? I want to also adopt him is that possible. He ia 13 years old and wants me to adopt him.:confused:

N0help4u · Sep 16, 2009, 08:24 PM

You can't get 'abandonment because abandonment is when kids are left with no one, unattended.
You can file for full custody and child support.
You first need to go to family court and get an emergency custody order and take it from there.

ITstudent2006 · Sep 16, 2009, 08:54 PM

Also I believe that if you're given full custody of the step-son you're in a position to adopt him. Beings you become his legal guardian anyway! I am not completely sure but it does make sense. The mom obviously gave up her right to the step-son (her real son?) when she abandoned them all.

Rick

P.S. Hopefully someone either verifies my answer or corrects me if I'm wrong!

N0help4u · Sep 17, 2009, 04:47 AM

I think also first you have to make an effort to locate the biological parents *the way the law states* and have them go to court first. Sounds like a bunch of court formalities and that they will not contest so you should be good in the long run.
I think the law is send them a registered or certified letter and if they can't be found post an ad in certain local paper(s).

JudyKayTee · Sep 17, 2009, 07:24 AM

Originally Posted by ITstudent2006

Also I believe that if you're given full custody of the step-son you're in a position to adopt him. Beings you become his legal guardian anyways! I am not completely sure but it does make sense. The mom obviously gave up her right to the step-son (her real son?) when she abandoned them all.

Rick

P.S. Hopefully someone either verifies my answer or corrects me if im wrong!

OP cannot adopt unless natural parents relinquish their rights - OP also does not have custody of the stepson unless a Court so orders. Having a child live with a person, providing for a child, does not convey any rights.

This is not abandonment - abandonment is leaving the children unattended, literally at a bus stop.

If OP wants to adopt the stepson he must get the appropriate papers (for his State) signed by the natural father. If he cannot locate the natural father service can be made, upon Court Order, by publication.

As far as his natural children he must file with the Court for custody.